The Judicial Impact of European Law in Spain: ECHR and EU Law Compared

Summary:

The aim of this article is to reflect upon the impact of European Convention of Human Rights (ECHR) and European Union (EU) law on the judiciary, in Spain.

The interplay among ECHR, EU law, and State law defies easy assessment since their interaction does not correspond to that of a classical hierarchical order. The article will therefore first examine the judicial reception of the ECHR, from the perspective of both the Constitutional Court and ordinary courts. Second, the impact of EU law will be analysed, focusing on EU fundamental rights, also from the perspective of the Constitutional Court and ordinary courts. Lastly, the article concludes with some final remarks comparing the judicial application of ECHR and EU law.